- •Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan
- •Article 7. The Effect of Criminal Law with Regard to Persons Who Committed a Crime Outside of the Boundaries of the Republic of Kazakhstan
- •Article 10. Categories of Crimes
- •Article 11. Repetition of a Crime
- •Article 12. Cumulative Crimes
- •Article 13. Criminal Recidivism
- •Article 20. A Crime Committed Deliberately
- •Article 21. A Crime Committed by Negligence
- •Article 22. Liability for Crimes Committed with Two Forms of Guilt
- •Article 24. Preparation for a Crime and an Attempted Crime
- •Article 29. Liability of Accessories in a Crime
- •Article 32. Necessary Self Defence
- •Article 33. The Causation of Damage When Detaining a Person Having Committed an Assault
- •Article 34. Extreme Necessity
- •Article 34-1. The Performance of Operative-Investigative Measures
- •Article 35. Justifiable Risk
- •Article 38. The Concept and Purposes of Punishment
- •Article 39. Types of Punishment
- •Article 40. A Fine
- •Article 41. Deprivation of the Right to Hold Certain Position or Engage in Certain Activity
- •Article 42. Involvement in Public Works
- •Article 43. Correctional Labor
- •Article 44. Restriction in Military Service
- •Article 45. Restriction of Freedom
- •Article 46. Arrest
- •Article 47. Detention in a Disciplinary Military Unit
- •Article 48. Deprivation of Freedom
- •Article 49. Capital Punishment
- •Article 50. Deprivation of Special, Military, or Honorary Rank, Class Rank, Diplomatic Rank, Qualification Class, and State Awards
- •Article 53. Circumstances Which Mitigate Criminal Liability and Punishment
- •Article 54. Circumstances Which Aggravate Criminal Liability and Punishment
- •I) the commission of a crime involving an atrocity, sadism, mockery, as well as torments for the victim;
- •Article 55. Establishing a Lesser Punishment Than It Is Stipulated for a Given Crime
- •Article 56. Establishing Punishment for an Uncompleted Crime
- •Article 59. Establishing Punishment in Case of Criminal Recidivism
- •Article 60. Establishing Punishment in Case of Cumulation of Sentences
- •Article 61. The Procedure for Determining Terms of Punishment When Adding Them
- •Article 63. Suspended Conviction
- •Article 64. Cancellation of a Suspended Sentence or the Prolongation of a Probation Period
- •Article 69. Exemption from Criminal Liability in Relation to the Expiration of a Statutory Limitation Period
- •Article 70. Conditional Release Ahead of Time from Serving Punishment
- •Article 71. Substitution of an Unserved Term of Punishment for a More Lenient Type of Punishment
- •Article 72. Postponement of Endurance of Punishment for Pregnant Women and Women Having Small Children
- •Article 73. Release from Punishment Due to an Illness
- •Article 74. Release from Punishment and Postponement of Serving of Punishment Due to Extraordinary Circumstances
- •Article 75. Release from Endurance of Punishment Due to the Expiration of the Limitation Period for the Effect of an Incriminating Judgment
- •Article 76. Exemption from Criminal Liability and Punishment on the Basis of an Act of Amnesty or Pardon
- •Article 77. A Conviction
- •Article 82. Compulsory Measures of Educational Character
- •Article 84. Conditional Release of Juveniles Ahead of Time from Endurance of Punishment
- •In case of exemption of juveniles from criminal liability or endurance of punishment, limitation periods stipulated by Articles 69 and 75 of the present Code shall be reduced by half.
- •Article 93. Extension, Change, and Termination of the Application of Compulsory Measures of a Medical Character
- •Article 94. Sentencing Punishment after the Application of Compulsory Measures of a Medical Character
- •Article 95. Compulsory Measures of a Medical Character Combined with the Endurance of Punishment
- •I) committed for motives of hooliganism;
- •Article 104. Deliberate Causation of Damage to Health of Medium Gravity
- •Article 108. Causation of Damage to Health in an Affected State
- •Article 108. Inflicting of Harm to the Health in the State of Passion
- •Article 115. Infection with a Venereal Disease
- •Article 117. Illegal Performance of an Abortion
- •Article 118. A Failure to Render Help to an Ill Person
- •Article 119. Abandoning an Endangered Person
- •Article 120. Rape
- •Article 121. Violent Actions of a Sexual Character
- •Article 126. Illegal Deprivation of Freedom
- •Article 127. Illegal Placement into a Psychiatric Inpatient Hospital
- •Article 128. Recruitment, As Well As Export and Transit of Persons for Exploitation
- •Article 129. Libel and Slander
- •Article 130. Insult
- •Article 132. Involvement of a Juvenile into the Commission of Anti-Social Acts
- •Article 133. Trading in Juveniles
- •Article 136. Malicious Evasion from Payment of Funds for Maintenance of Children or Disabled Parents
- •Article 137. Non-Execution of Obligations to Raise an Underage Child
- •Article 138. Improper Execution of Obligations to Provide for the Safety of Life and Health of Children
- •Article 139. Abuse of the Rights of a Guardian or a Fiduciary
- •Article 140. Malicious Evasion from the Maintenance of a Disabled Spouse
- •Article 142. Infringement upon Privacy
- •Article 143. Illegal Violation of Private Correspondence, Telephone Calls, and Mail, Telegraph, or Other Messages
- •Article 144. Divulgation of a Medical Secret
- •Article 145. Infringement upon Inviolability of Housing
- •Article 146. Interference with Electoral Rights, or the Work of Electoral Commissions
- •Article 147. Falsification of Electoral Documents, Documents of a Referendum, or Fraudulent Calculation of Ballots
- •Article 148. Violation of Labour Legislation
- •Article 151. Infringement upon the Right to Hold of a Rally, Meeting, Demonstration, March, Picketing, or Participation in Them
- •Article 152. Violation of the Rules of Labour Safety
- •Article 154. Refusal to Provide Information to a Citizen
- •Article 155. Interference in the Legal Professional Activity of a Journalist
- •3. The acts stipulated by the first and second parts of this Article, if they are committed as follows:
- •1. Violation of the rules for conducting securities transactions which caused considerable damage,
- •2. The same act committed repeatedly or by a group of persons upon a preliminary collusion, or by an organised group, -
- •2. Manufacture or purchase for the purposes of marketing, and equally use or marketing of deliberately counterfeit excise duty stamps, -
- •2. The same act committed by a person who was earlier convicted for evasion from payment of a tax, -
- •2. The same action committed:
Article 69. Exemption from Criminal Liability in Relation to the Expiration of a Statutory Limitation Period
1. A person shall be exempt from criminal liability if from the day of the commission of a crime, the following periods have expired:
a) two years from the commission of a crime of a lesser gravity;
b) five years from the commission of a crime of a medium gravity;
c) ten years from the commission of a grave crime;
d) fifteen years from the commission of an especially grave crime.
2. Limitation periods shall be calculated from the day of the commission of a given crime and until the moment of the entering of a court's judgment into legal force.
3. The running of the limitation periods shall be suspended if a person, having committed a crime, evades criminal investigation or arraignment by a court. In this respect, the statute of limitation period shall be resumed from the moment of detention of a given person or his pleading guilty to the police. In this respect, a person may be held criminally liable if twenty five years expired from the time of the commission of a crime, and if the limitation period was not interrupted.
4. The running of the statutory limitation period shall be interrupted if, prior to the expiration of the periods indicated in the first part of this Article, a person, having committed a grave or especially grave crime, commits a new deliberate crime. In such cases calculation of the statute of limitation period shall start anew from the day of the commission of that new crime. In other cases, if, prior to the expiration of a limitation period, a person commits a crime again, a limitation period with regard to each crime shall run independently.
5. A question on the application of a limitation period with regard to a person having committed a crime for which, under the present Code, capital punishment may be sentenced, shall be resolved by a court. If a court does not consider it possible to exempt a person from criminal liability due to the expiration of a limitation period, then capital punishment may not be sentenced. In this case a court shall sentence a criminal to deprivation of freedom for a period of up to twenty five years, or to a life-time deprivation of freedom.
6. The statute of limitation period shall not apply to persons who committed crimes against the peace and safety of humanity.
Article 70. Conditional Release Ahead of Time from Serving Punishment
1. A person serving correctional labour, restriction in military service, restriction of freedom, detention in a disciplinary military unit, or deprivation of freedom, may be conditionally released ahead of time, if a court recognises that for his correction that person does not need to completely serve the term of punishment sentenced by the court. In this respect, a person may be fully or partially released from enduring an additional type of punishment.
2. When applying conditional release ahead of time, a court may impose on a given convict the obligations specified in the first part of Article of the present Code, which must be executed by him during the remaining unserved term of punishment.
3. Conditional release ahead of time may be applied only after the actual endurance by a convict of the following:
a) not less than one third of the term of punishment sentenced for a crime of a lesser gravity or of medium gravity;
b) not less than a half of the term of punishment sentenced for a grave crime;
c) not less than two thirds of the term of punishment sentenced for an especially grave crime, as well as three quarters of a the term of punishment sentenced upon a person who earlier was conditionally released ahead of time, if that conditional release ahead of time was terminated on the bases stipulated by the seventh part of this Article.
4. A term of deprivation of freedom actually endured by a convict may not be less than six months.
5. A person serving life-time deprivation of freedom sentenced by a court may be conditionally released ahead of time, if a court recognises that he does not need the subsequent endurance of that punishment, and actually served not less than twenty five years of deprivation of freedom.
6. Supervision of the behaviour of a person who was conditionally released ahead of time, shall be carried out by a special state body in the place of residence of the released authorised to do that, and with regard to military servicemen, by the commanding staff of military units and institutions.
7. If, during the remaining unserved term of punishment, a person to whom a conditional release ahead of time was applied committed:
a) a violation of public order for which an administrative punishment was imposed upon him, or if a person maliciously evaded the execution of obligations imposed upon him by a court in the application of a conditional release ahead of time, then the court, pursuant to a proposal from the bodies indicated in the sixth part of this Article, may pass a decision to cancel the conditional release ahead of time, and endurance of the remaining unserved term of punishment;
b) a crime by negligence, then the question of the cancellation or retention of a conditional release ahead of time shall be decided by a court when sentencing punishment for a new crime;
c) a deliberate crime, then a court shall sentence punishment upon him in accordance with the rules stipulated by Article 60 of the present Code. Under the same rules, punishment shall be sentenced in case of the commission of a crime by negligence, if a court abolishes the conditional release ahead of time.
8. Conditional release ahead of time shall not apply to a person for whom capital punishment was substituted for by deprivation of freedom through the procedure of a pardon.